Where am I now? Lawlink > Drug Court of New South Wales > Policy Documents and Tabled Documents > Policy 4: Sanctions and Rewards  Print page   Policy 4: Sanctions and Rewards Last Reviewed May 2008 Contents: 1. Purpose of Policy 2. Definitions 3. Policy Rewards Sanctions Guidelines for Sanctions Rehabilitation attendance Attending Drug Court Non-compliance with Program Drug and alcohol use Pharmacotherapy Contempt 1. Purpose of Policy 1.1 The Drug Court may impose sanctions and confer rewards as part of the conditions of a Drug Court program. 1.2 A system of sanctions and rewards encourage both program participation and the achievement of success by participants on program. 1.3 A defined and transparent system for the just and consistent application of those sanctions and rewards assists the court in fairly administering the programs of participants. 2. Definitions Act means the Drug Court Act 1998 Court means the Drug Court of New South Wales Drug Court program means the conditions accepted by a participant and imposed by the Court. See sections 7A, 7B, 7C and 16 of the Drug Court Act Drug Court team means a Drug Court Judge, the Registrar, the solicitors for the Legal Aid Commission, the solicitors from the Office of the Director of Public Prosecutions, the Police Prosecutor, the Probation and Parole co-ordinator, and the Clinical Nurse Consultant who are attached to the Drug Court, and/or the alternates for each Participant means a “drug offender” as defined in the Act Registrar means the Registrar of the Drug Court Team meeting means meetings convened in accordance with Policy 1 Drug Court Team Meetings top of page 3. Policy 3.1 The principal rewards conferred by the Court are public acknowledgement of success, applause, and the waiving of suspended sanctions of imprisonment. 3.2 The principal sanctions for breach of program are a reprimand from the judge, an increase in the level of supervision and other contact, and the imposition of imprisonment for up to 14 days. 3.3 To ensure a just and consistent system of sanctions, the following table provides a guideline to the level of sanctions that may be imposed by the court. Sanctions will be decided having regard to the nature of the participant’s conduct, the individual circumstances of the participant, the record of good conduct (or otherwise) of the participant, and any other relevant factor. 3.4 The Court may decline to impose custodial sanctions for breach of program. The Court may, for example, deal with any breach by way of a warning, by increasing the commitments or level of supervision of the participant, or by requiring the participant to undertake a specific task. The specific task may range from an apology to a treatment provider to homework on the effects of the use of a particular drug or combination of drugs. 3.5 The Court may also impose additional or higher sanctions in appropriate cases. top of page Rewards Behaviour Giving Rise To Rewards Satisfactorily complying with the program for a significant period Demonstrating responsibility (eg demonstration of trust in the Drug Court/Probation and Parole Officer by notifying of problems as they arise) Demonstrating stability (eg addressing lifestyle and relationships, obtaining employment/training) Demonstrating engagement with treatment providers, Probation and Parole, Counsellor, the Support Worker or other members of the Drug Court team Displaying an outstanding attitude to the program Demonstrating initiative (eg by undertaking courses or study beyond what is required by the program) Satisfactorily completing components of the program, such as mental health treatment compliance, parenting programs, literacy and living skills courses Any other conduct warranting acknowledgment Rewards may be: Praise from the Judge/Drug Court team, and applause in open court Conferring a privilege, such as more flexible drug testing or court attendance Graduating to the next phase of the program Decreasing the frequency of supervision, court appearances or other program obligations. Removing or reducing any existing sanctions Allowing return to work or study before the completion of phase one Allowing absence during any curfew to take part in an approved positive activity, such as NA meetings or attending a family function. Any other appropriate reward of the above general kind top of page Sanctions Behaviour Giving Rise To Sanctions Committing further offences Using prohibited drugs Using non-prescribed medication Testing positive to the use of prohibited drugs, non-prescribed medication or other substances (such as alcohol or pain relief medication) that has been prohibited under the participant’s program Failing to disclose the use of a prohibited drug, prescribed or non-prescribed medication (particularly pain relief medication) or other substances Failing to provide a drug test sample (urine, breath or saliva) when requested by a person authorised to collect the sample Failing to punctually attend all Drug Court report backs, treatment appointments, counselling, personal development courses, educational courses, employment interviews, employment or any other appointment as directed by either the Drug Court, the participant’s case manager or the participant’s treatment provider Failing to perform a specified component of the participant’s program Failing to obey any reasonable direction of the Drug Court, the participant’s case manager or the participant’s treatment provider Any other failure to comply with the conditions in the participant’s undertaking Sanctions may be: Reprimand or warning from the judge Being imprisoned for up to a maximum duration of 14 days for any one breach Being required to write an essay or make a presentation to the Court Increased frequency of drug testing, and/or supervision and/or court appearances Repeating a component of the participant’s program Paying a monetary penalty Performing work in the community Complying with a curfew Demotion to an earlier phase, which automatically increases all aspects of supervision Any other sanction which is appropriate in the circumstances top of page Guidelines for Sanctions Rehabilitation attendance Nature & Breach Guideline Sanction 1 Absconding from residential rehabilitation centre and attending Drug Court as soon as practicable up to 7 days 2 Absconding from residential rehabilitation centre, and attending Drug Court after a short delay 7 days 3 Absconding from residential rehabilitation centre, and not attending Drug Court until arrested 14 days to termination 4 Failing to enter residential rehabilitation centre and not attending Drug Court until arrested 14 days to termination 5 Being discharged from residential rehabilitation centre for breaking rules or using illicit drugs 7 days Attending Drug Court Nature & Breach Guideline Sanction 6 Failing to attend Drug Court – for weekly progress report without medical certificate 2 days 7 Failing to attend Drug Court as directed and remaining at large for a period in excess of 48 hours, but attending court of own free will 4 days 8 Failing to attend Drug Court as directed and remaining at large until arrested on warrant 14 days to termination Non-compliance with Program Nature & Breach Guideline Sanction 9 Unauthorised change of address, unless in crisis 7 to 10 days 10 Failure to keep in contact with Case Manager for a significant period 4 days 11 Failure to attend counselling, Day Program, Living Skills, PEET program or other required activity 1 day 12 Failure to be home and available for home visit by case manager 1 day 13 Failing to comply with direction of team member, case manager or treatment provider 1 day 14 Repeated failure to be available for home visit or to comply with directions 3 days top of page Drug and alcohol use Nature & Breach Guideline Sanction 14 Using prohibited drugs – isolated drug use with free admission 1 day 15 Using prohibited drugs – multiple drug use with free admission 1 day for each drug on each occasion 16 Using prohibited drugs – isolated use and late admission ( eg when confronted with result) 2 days 17 Unadmitted drug use 3 days 18 Using unauthorised prescribed mediation – single incident non-custodial 19 Using unauthorised prescribed medication multiple incidents 2 days 20 Failure to provide urine sample (on Phase 1) (As agreed in Case Management Plan) 1 day 21 Failure to provide urine sample (on Phase Two or Three) (As agreed in Case Management Plan) 3 days 22 Using prohibited or non-prescribed drugs in custody (while on a Drug Court Program) 14 days immediately 23 Drinking alcohol when alcohol not permitted 1 day 24 Exceeding a blood alcohol level of .05 1 day Pharmacotherapy Nature & Breach Guideline Sanction 25 Failure to collect methadone or buprenorphine, isolated incident warning 26 Failure to collect methadone or buprenorphine - multiple incidents 4 days Contempt Nature & Breach Guideline Sanction 27 Subverting (or attempting to) urine collection termination 28 Threatening violence or the perceived threat of violence termination 29 Breach of good behaviour 3 days to termination
		Last updated: 17 June 2009